Mahmoud Khalil to appeal to Supreme Court, after appeals court declined to review his case
Gothamist • • nation
Key Points:
- The U.S. Court of Appeals for the Third Circuit declined to review an appeal by Mahmoud Khalil, a Columbia graduate facing deportation after his arrest during a crackdown on pro-Palestinian campus activists.
- The court's decision focused on the appropriate venue for Khalil's case, ruling that immigration court, rather than federal district court, should handle the constitutional issues raised.
- The ruling was narrowly split 6-5, with dissenting judges warning that it threatens constitutional protections for Khalil and other noncitizens by limiting judicial oversight of executive actions.
- Khalil, an Algerian lawful permanent resident, was arrested after being labeled a threat to U.S. foreign policy, following his outspoken criticism of Israel and leadership in pro-Palestinian activism at Columbia University.
- Khalil's lawyers plan to appeal to the Supreme Court, arguing the decision enables prolonged detention without meaningful judicial review and punishes dissent against U.S. foreign policy.